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Author Topic: Arbitration and conciliation and further review / appeal in already settled case  (Read 453 times)

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Offline Srkanth4p

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Dear All,

The case is related to one of my neighbour (Hindu Unmarried lady with no children). My neighbour doesn't have any children now also. His legally wedded wife is still alive. She was staying with a Hindu married man having 2 children in his first marriage and without being divorced in a house for almost 10 years, which he bought (only land) in the year 1991.  Thereafter he constructed a house in that land and stayed there for his remaining life with my neighbour 

After that, in the year 2006, he died with an unregistered will giving full ownership to the lady with whom he was staying (my neighbour).

After his death, ownership of the house was in dispute, and the matter is solved through mediation process through court in the year 2015. As per the mediation agreement, she will get 1/3rd right and remaining portion will go to his wife and two children with a condition that my neighbour has to sign on the sale deed as a witness.

Now My neighbour is claiming that she invested some money to build that house, and she has some proof for that. Land tax, building tax are now paid by his legally wedded wife.

Now one party approached them to buy this property, and all the parties are ready to sell the above plot with the house by following the mediation order received from the court.

So my now questions are;

1. Can they sell this property and sign the sale deed by keeping my neighbour as a witness, not as an owner.

2. Can she file a review/ appeal in any court to consider her full ownership of that property with that unregistered will got from that Hindu Man.

3. Do they need to get again legal heirship certificate/ succession certificate for this, if yes, then which certificate?

Offline SoumyaKundu16

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Here the Marriage is void as he had divorced his first wife, so share will devolve on the man's legally wedded wife and children

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